Asian American Law Journal最新文献

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From the Community Lawyers' Lens: The Case of the Quincy 4 and Challenges to Securing Civil Rights for Asian Americans 从社区律师的视角看:昆西4案和亚裔美国人保障民权的挑战
Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38DC5D
Zenobia Lai, A. Leong
{"title":"From the Community Lawyers' Lens: The Case of the Quincy 4 and Challenges to Securing Civil Rights for Asian Americans","authors":"Zenobia Lai, A. Leong","doi":"10.15779/Z38DC5D","DOIUrl":"https://doi.org/10.15779/Z38DC5D","url":null,"abstract":"We dedicate this article to the six Asian Americans who placed their liberty and good names on the line to speak out against police brutality and to test the promise of equal justice for all. We make a special dedication to Karen Chen, whose tenacity, generosity and leadership throughout this case awakened others to recognize that civil rights are an Asian American issue. We believe that the private agonies of these individuals and the community's journey alongside them throughout this ordeal should not be silenced by the ultimate outcomes of the criminal trial. It is in this spirit that we wrote this article.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"218 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132338152","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
The War of Terror and the Rule of Law 恐怖战争与法治
Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38MK2H
A. Tashima
{"title":"The War of Terror and the Rule of Law","authors":"A. Tashima","doi":"10.15779/Z38MK2H","DOIUrl":"https://doi.org/10.15779/Z38MK2H","url":null,"abstract":"","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123889123","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 7
When the Coloreds are Neither Black nor Citizens: The United States Civil Rights Movement and Global Migration 当有色人种既不是黑人也不是公民:美国民权运动与全球移民
Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38CZ7B
William R. Tamayo
{"title":"When the Coloreds are Neither Black nor Citizens: The United States Civil Rights Movement and Global Migration","authors":"William R. Tamayo","doi":"10.15779/Z38CZ7B","DOIUrl":"https://doi.org/10.15779/Z38CZ7B","url":null,"abstract":"In this time of great national concern over the control of American borders and the legal and social status of immigrants, the traditional Civil Rights Movement is at a crucial stage. In this Article, the author finds that the Civil Rights Movement, which operates in a primarily \"Black v. white\" paradigm, is ill-equipped to deal with an increasingly multiracial and multicultural America. In particular, the influx of great numbers of new immigrants from Asia and Latin America-who are neither Black nor whitecalls for the Civil Rights Movement to re-evaluate its current framework. The author describes the phenomena of anti-immigrant legislation and political scapegoating which has resulted from the changing demographic landscape, and explores the mutual misunderstandings which have arisen between Blacks and the newer \"coloreds. \" The Article argues that these prejudices have prevented the formation of a multiracial civil rights coalition. The author suggests that racism is the common threat which links together Blacks, Asians, and Latinos, as nativism and anti-immigrant sentiment are rooted in racism. The author advocates for a renewed Civil Rights Movement, one which replaces the more restrictive biracial vision with a new vision which encompasses the new immigrants.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116035587","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 8
Scattered: The Assimilation of Sushi, the Internment of Japanese Americans, and the Killing of Vincent Chin, A Personal Essay 散乱:寿司的同化,日裔美国人的拘留,和杀害文森特·秦,个人随笔
Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38KD1QK94
Frank H. Wu
{"title":"Scattered: The Assimilation of Sushi, the Internment of Japanese Americans, and the Killing of Vincent Chin, A Personal Essay","authors":"Frank H. Wu","doi":"10.15779/Z38KD1QK94","DOIUrl":"https://doi.org/10.15779/Z38KD1QK94","url":null,"abstract":"In a personal Essay, Frank H. Wu discusses the acceptance of sushi in America as a means of analyzing the acceptance of Japanese Americans, before, during, and after World War II. The murder of Vincent Chin in Detroit in 1982 is used as a defining moment for Asian Americans, explaining the shared experiences of people perceived as “perpetual foreigners.” ABSTRACT ......................................................................................... 109 INTRODUCTION ................................................................................. 109 I.“BORN IN THE U.S.A.” .................................................................... 114 II.DISCOVERING CHIRASHI ............................................................... 117 III.RECOVERING THE INTERNMENT .................................................. 120 CONCLUSION ..................................................................................... 126........................................................................................ 109 INTRODUCTION ................................................................................. 109 I.“BORN IN THE U.S.A.” .................................................................... 114 II.DISCOVERING CHIRASHI ............................................................... 117 III.RECOVERING THE INTERNMENT .................................................. 120 CONCLUSION ..................................................................................... 126","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115155916","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Racial Stereotyping of Asians and Asian Americans and Its Effect on Criminal Justice: A Reflection on the Wayne Lo Case 亚裔和亚裔美国人的种族刻板印象及其对刑事司法的影响——对卢伟仁案的反思
Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z383S2M
Rhoda J. Yen
{"title":"Racial Stereotyping of Asians and Asian Americans and Its Effect on Criminal Justice: A Reflection on the Wayne Lo Case","authors":"Rhoda J. Yen","doi":"10.15779/Z383S2M","DOIUrl":"https://doi.org/10.15779/Z383S2M","url":null,"abstract":"On December 14, 1992, 19-year-old Wayne Lo stormed the campus of Simon's Rock College of Bard, an elite private institution for gifted students, and began a twenty-minute shooting spree that left two people dead and four wounded. In the past seven years, I have followed the news coverage of the Wayne Lo case with increasing interest, not only because Wayne and I are both Chinese American, born in the same year, and raised under similar circumstances, but because the degrees of separation have unwittingly decreased between us. My husband Dan was Wayne's childhood friend, one who slept over at his house and shared adolescent confessions about girls, sex, and religion. Wayne's mother and father are longtime friends of my in-laws and serve as Dan's godparents. Our families have exchanged letters and photographs over the years and managed to pretend that while we graduated from college, married, and landed our first jobs, a young man in a Massachusetts prison did not exist. Early in law school, I began to think about Wayne more frequently. I prodded Dan for details about the young killer, hoping to discover any clues to Wayne's perplexing identity. Slowly, I arrived at a theory, not about why he killed that chilly day in December, but about how his race may have influenced his conviction and the denial of his appeal. In this paper, I will examine the racial imagery surrounding Wayne Lo's trial as an example of how stereotypes of Asians and Asian Americans influence the criminal justice system. In Part I, I offer two prevailing categories of stereotypes, the \"model minority\" and \"yellow peril,\" and highlight their criticisms. In Part II, I discuss how these stereotypes potentially influence legal actors in cases involving both Asian American victims and defendants. Finally, in Part III, I return to the Wayne Lo case and propose an explanation of how racial stereotyping may have colored","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"519 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116252446","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 17
Asian Law Journal Symposium on Labor and Immigration 亚洲法律杂志劳工与移民研讨会
Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z387C63
Edward C. M. Chen
{"title":"Asian Law Journal Symposium on Labor and Immigration","authors":"Edward C. M. Chen","doi":"10.15779/Z387C63","DOIUrl":"https://doi.org/10.15779/Z387C63","url":null,"abstract":"Thank you, Lucas for the kind introduction. At the outset, it is important to recognize the breadth of the impact language-based discrimination has upon the immigrant community and upon Asian Pacific Americans in particular. We must understand the size, growth, and the demographic characteristics of the Asian American population. Between 1980 and 1990, this population has virtually doubled, increasing by 95%. According to the 1990 census, the majority of Asian Pacific Americans are of immigrant background; 27% of them are limited in English language proficiency. In California, one out of three residents speaks a foreign language at home. It should come as no surprise that the color, culture, and sound of the workplace, along with the population of California generally, is changing rapidly. Nor should it come as a surprise that our response to those changes is anti-immigrant backlash. That backlash takes many forms, Proposition 187 being one of them. One of the more prevalent manifestations of social tension we are witnessing as this transformation takes place is language-based discrimination. Language discrimination poses a new set of questions and challenges. There are aspects of language discrimination and other forms of national origin discrimination which are different from traditional race discrimination. Discrimination against immigrants and national origin minorities, unlike traditional forms of race discrimination, are not necessarily based on the color of one's skin; rather, it is often based on certain conditions associated with one's immigrant status and/or ethnicity. The discrimination is targeted at one's \"foreignness.\" Perhaps the most salient aspect of that foreignness is one's language, whether it be one's primary (or only) language or accent. Language-based discrimination can be an easy proxy for race dis-","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126194643","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Asian American Access to the Vote: The Language Assistance Provisions (Section 203) of the Voting Rights Act and Beyond 亚裔美国人的投票权:投票权法案的语言协助条款(第203条)及其他
Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38VK3B
Glenn D. Magpantay
{"title":"Asian American Access to the Vote: The Language Assistance Provisions (Section 203) of the Voting Rights Act and Beyond","authors":"Glenn D. Magpantay","doi":"10.15779/Z38VK3B","DOIUrl":"https://doi.org/10.15779/Z38VK3B","url":null,"abstract":"","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125133804","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Neil Gotanda and the Critical Legal Studies Movement 尼尔·戈达达和批判法律研究运动
Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38087Z
Gary Minda
{"title":"Neil Gotanda and the Critical Legal Studies Movement","authors":"Gary Minda","doi":"10.15779/Z38087Z","DOIUrl":"https://doi.org/10.15779/Z38087Z","url":null,"abstract":"In this essay, the author tells of the historical development of Critical Legal Studies during the 1980s. It is from this background that Neil Gotanda and others developed the base for the Asian American legal studies movement. Although there is now a deeper understanding of how discrimination works within different cultural communities because of the concepts of 'foreigness\" and \"race\" brought out by Gotanda and other Asian American scholars, it is still too early to tell what the results of the Asian American legal studies movement will be. While questions remain, he concludes that Asian American scholars like Gotanda have advanced a \"unique and highly significant analysis\" of the race and foreigness in American law.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124213670","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 2
Beyond Redress: Japanese Americans' Unfinished Business 超越补偿:日裔美国人未完成的事业
Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z38KW15
Eric K. Yamamoto
{"title":"Beyond Redress: Japanese Americans' Unfinished Business","authors":"Eric K. Yamamoto","doi":"10.15779/Z38KW15","DOIUrl":"https://doi.org/10.15779/Z38KW15","url":null,"abstract":"I am honored to be here at such a diverse gathering. This Day of Remembrance will likely mean many different things for different people. It will mean one thing for those who suffered the internment, struggled for redress and received an apology and reparations. It will mean something different for children and grandchildren of internees who have lived with the family tremors of the racial incarceration. And it will mean something else for Chinese, Korean, Filipino, Southeast and South Asians, and for Native Hawaiians, Latinos and African Americans as well as for those who are politically active in social justice movements. I hope to speak to all of you today, and especially to those drawn by the theme for today's commemoration: Remembrance Through Action. I will begin by weaving together three stories that illuminate the experiences we commemorate today.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"568 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123636362","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
We Want an Education in a Safe School: Students Demand Institutional Accountability for Anti-Asian Violence at South Philadelphia High School 我们希望在安全的学校接受教育:学生要求对南费城高中反亚裔暴力事件负责
Asian American Law Journal Pub Date : 1900-01-01 DOI: 10.15779/Z389C5C
C. Chen
{"title":"We Want an Education in a Safe School: Students Demand Institutional Accountability for Anti-Asian Violence at South Philadelphia High School","authors":"C. Chen","doi":"10.15779/Z389C5C","DOIUrl":"https://doi.org/10.15779/Z389C5C","url":null,"abstract":"On December 3, 2009, dozens of Asian immigrant students at South Philadelphia High School (SPHS) in Philadelphia, Pennsylvania, were targeted and assaulted by their non-Asian peers throughout the school day. Sadly, this horrific event was simply another addition to the ongoing and pervasive anti-Asian and anti-immigrant violence at the school. Despite students' and community advocates' previous efforts to address bias-based harassment for over a year, in the days following the attacks, school and district officials endeavored to downplay the severity of these assaults and refused to acknowledge that the attacks were racially motivated. In the face of indifference by these officials, Asian immigrant students from the school, with the support of community advocates, began a campaign against the ongoing violence.","PeriodicalId":334951,"journal":{"name":"Asian American Law Journal","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122691506","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
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